UNIVERSAL DECLARATION OF HUMAN RIGHTS
Article—13
True
it is that the Universal Human Rights norms, whether given in the Universal
Declaration or in the Covenants, are not directly enforceable in national
courts. But if their provisions are incorporated in the domestic law, they are
enforceable in national courts. The local laws, both constitutional and
statutory, are not always in consonance with the norms contained in the
international human rights instruments. The national courts should not,
straightway ignore the international obligations, which a country undertakes,
If the domestic laws are not clear enough or there is nothing therein, the
national courts should draw upon the principles incorporated in the
international instruments.
But
in the cases where the domestic laws are clear and inconsistent with the
international obligations of the state concerned, the national courts will be
obliged to respect the national laws, but shall draw the attention of the
law-.makers to such inconsistencies. (Per Bimalendu Bikash Roy Choudhury. J).
Hussain
Muhammad Ershad Vs Bangladesh and others, 21 BLD (AD) 69.
Ref:
Satwant Singh Vs. D. Ramarathnam, Assistant Passport Officer, New Delhi and
ors, AIR(1967)(SC)1836, Province of Sind Vs. Public at Large, PLD 1988(SC)138;
Government of Bangladesh Vs. Zeenat Hossain IBLD(AD)89; State Vs. M.M.
Rahmatullah, 1 MLR(AD)P-448; —Cited.